Terms & Conditions
Terms & Conditions
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Operator of the web shop:
The web shop, which is available at www.imachinetools.hu , is operated by:
Company name: iMachine Consulting and Services Limited Liability Company
Company registration number: 13 09 172030
VAT number: 11684514-2-13
Registered office: 2120 Dunakeszi, Északi str. 31/1.
Location: 7100 Szekszárd, Korsófölde str. 3.
Place of business: 7100 Szekszárd, Korsófölde u. 3.
Phone: +36-20-565-2650
E-mail address: ugyfelszolgalat@imachinetools.hu
(hereinafter referred to as "Service Provider").
Service Provider's bank account details:
Account holder financial institution: Unicredit Bank
Payment reference number: 10918001-00000053-39150004
IBAN: HU94-10918001-00000053-39150004
SWIFT code: BACXHHUHB
Customer Service
Users can contact the Service Provider's customer service using the following contact details:
- By phone
Phone number: +36-30-9-86-86-48- the call is not subject to a surcharge!
Available working days: Monday - Friday: 8:00 - 16:00
- By e-mail
E-mail address: ugyfelszolgalat@imachinetools.hu
Message: available under the "Contact" section of the website.
The Service Provider will reply to e-mails received in this way within 2 working days of receipt.
The Hungarian law clause
The service of the Service Provider operating the website available at the above Internet address (hereinafter referred to as the "Website") is directed to Hungary. The provision of the Service, the Service Provider and the Users are subject to Hungarian and European law within the framework of this contract, in particular regarding:
- REGULATION (EU) No 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on combating unjustified territorial restrictions of content and other forms of discrimination based on the nationality, residence, or domicile of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC,
-Act V. of 2013 on the Civil Code (hereinafter: Civil Code)
-Act CLXIV of 2005 on Trade,
- Act CLV of 1997 on Consumer Protection,
- Government Decree 45/2014 (26.11.) on the detailed rules of contracts between consumers and businesses,
-Act CVIII of 2001 on certain aspects of electronic commerce services and information society services,
- Act XLVIII of 2008 on the Basic Conditions and Certain Restrictions of Economic Advertising Activities,
-NGM Decree No 19/2014 (IV. 29.) on the procedural rules for handling warranty and guarantee claims relating to goods sold under a contract between a consumer and a business,
-Government Decree No 373/2021 (VI. 30) on the detailed rules for contracts between consumers and businesses for the sale of goods and the supply of digital content and services
The dates and time intervals referred to in these terms and conditions (hereinafter referred to as the "Terms and Conditions" or "GTC") are expressed in Central European Time (CET/UTC+1).
The working days, public holidays and public holidays referred to in these terms and conditions shall be understood to be working days, public holidays, and public holidays under Hungarian law.
Scope and subjects of the general terms and conditions of contract and use
These terms and conditions apply to the services available on the website, the use of the website, the purchase of products in the online shop on the website.
Parties to the contract:
The Service Provider identified above as the operator of the website and the seller of products and services.
User, as a customer ordering products from the online shop and as a person visiting the website's web pages. The User may be any natural or legal person or unincorporated business entity, including foreign entities, with legal capacity, provides that it accepts and agrees to be bound by the terms and conditions set out herein. A contract to be concluded under these terms and conditions may be concluded by a person who is incapable of acting or has limited capacity to act in accordance with the provisions of the Civil Code.
The terms and conditions are effective from the date of placement on the website and are valid indefinitely.
General information on distance contracts concluded by electronic means
The User can find information about the essential characteristics of the products and services available in the web shop on the pages of the website describing the characteristics of the products and services before placing an order.
The language of the contract is Hungarian.
Orders placed on the website constitute a declaration of implied conduct.
The Service Provider shall confirm the receipt of the order by electronic means without delay. If the confirmation is not received by the User within 48 hours, the User shall be exempted from the obligation to make an offer.
The contract concluded does not constitute a written contract, it will be filed by the Service Provider and will not be accessible in writing afterwards.
The service provider has not signed up to a code of conduct and therefore does not have one.
The User will be informed of the current carriage charges and possible carriage restrictions, as well as the possible payment methods, during the ordering steps before the order is sent.
The User will receive the contractual terms and conditions and the documents required for legal information as an attachment to the confirmation of his order by e-mail, with the current content at the time of receipt of his order. In addition, the terms and conditions and the information documents may be downloaded and/or printed by the User in a format that can be saved on the Site and are always available on the Site in their current version.
Registration
Registration is free.
The User can register by clicking on the "registration" button on the website, then by filling in the form that appears, accepting these terms and conditions and ticking the privacy statement, and finally by clicking on the "registration" button.
For valid registration, the User must provide real data and contact details. If it is found that the registration was made with false data, the Service Provider is entitled to cancel it. In the latter case, the Service Provider shall not be liable for any consequences.
The Service Provider may also cancel a valid registration without being liable for the consequences if the cancelled User has used the website in bad faith or otherwise violated these Terms and Conditions.
The cancellation of the registration by the Service Provider for the above reasons shall not affect orders already fulfilled by both Parties. In the event of cancellation for the same reason, if the Service Provider has not yet begun performance, it may unilaterally decide whether to perform, provided that the reason for cancellation does not prevent it. If the order is not fulfilled for the above reasons and the User has already paid, the Service Provider shall refund the amount paid by the User. If the User's conduct constituting the reason for cancellation has caused damage to the Service Provider, the latter shall be entitled to retain the amount of the damage from the amount of the refund.
The User may request the cancellation of his/her registration at any time by sending an e- mail message to the Service Provider, which the Service Provider will implement without delay and without delay, but within 10 calendar days at the latest.
The cancellation of registration may be required by any request from the User concerning the processing of personal data that results in the deletion of personal data processed for the purpose of registration or prohibiting their use for such purposes. For more information on these, the User should consult the Privacy Notice.
The cancellation of the registration at the User's request as described above shall not affect the execution of orders previously validly placed by the User.
Determining the purchase price
The User can find information about the current prices of products and services on the pages of the web shop describing the characteristics of the products and services.
The purchase prices shown for products and services are gross consumer prices, so for each product the total amount of the purchase price to be paid plus tax is shown.
The purchase price is always expressed in the currency indicated when the price is indicated.
Prices do not include delivery costs.
The service provider does not charge any packaging costs.
Confirmation of orders will always include the full amount of the gross consumer price payable and any other charges.
The Service Provider reserves the right to change the prices of the products and services displayed on the web pages of the web shop. Price changes do not affect the price of products and services already ordered.
If an incorrect price is indicated in the web shop or in the order feedback - especially regarding the obviously incorrect price - the Service Provider is not obliged to sell the product or service at the incorrect price. The Service Provider shall offer to sell the product or service to the User at the correct price after the order has been placed at the incorrect price. If the User does not accept this, he shall be entitled to cancel his order.
How and when to place an order, the contract is concluded.
Choosing the product
Users can find out the essential characteristics of the products on the product information pages of the online shop.
By clicking on the "add to cart" button on the data sheet of the product you wish to order, you can add the product to a virtual cart.
If the User wishes to order more than one product, he/she may add more products to the shopping cart as described above.
If you have any questions about the product before placing an order, the Service Provider's customer service is at your disposal (contact details: above under "Customer Service").
Placing and confirmation of the order, conclusion of the contract
The User may place his/her order online, in the web shop, as follows. Registration is not required to place an order.
After selecting the products and adding them to the shopping cart, the user can view the contents of the cart by clicking on the "Cart" button in the header. Next to the icon you can also see the number of items you wish to order and their total purchase price.
On the page showing the contents of the shopping cart, the User has the possibility to change the number of items by rewriting the number of items in the cart, or by clicking on the icon with the "X" character, to remove the item from the cart.
After that, you have to click on the "Continue" button and select the delivery and payment method.
Clicking on the "Continue" button requires you to enter your name, e-mail address, phone number, billing address.
Tools provided to identify and correct data entry errors before sending the contractual declaration:
If you enter incomplete or obviously incorrect data, a warning message will be displayed during the order process.
The registered User may modify his/her personal data during the ordering process for the order. You can modify your registration data on your personal profile page by clicking on the icon of a schematic human figure after entering the website.
The contents of the shopping cart, order data and parameters can be checked, changed or even deleted at any time until the order is sent, by going back to the pages displayed in the order process as described above and by modifying or re-entering the data as described in the previous points of this section of the GTC. You can go back by clicking on the back button of your browser or by clicking on the order stages indicated in the flowchart at the top of the pages of the webshop showing the order steps.
After checking the above data of the order and correcting any data entry errors, the User may validly submit his/her order by ticking the box indicating acceptance of these GTC and clicking on the button marked "Submit Order".
The Service Provider will confirm the order to the User immediately by automatic e-mail to the e-mail address provided by the User during the online ordering process. The confirmation will include the total amount payable by the User or paid in the case of online payment. If this confirmation is not received by the User within 48 hours of the sending of the User's order, the User shall be released from the obligation to make an offer. The confirmation shall be deemed to have been received by the User when it is made available to him (i.e. when it is received in his e-mail account). The confirmation of the order written here does not constitute a contract for the purchase of the product, and this confirmation shall not constitute acceptance of the order by the Supplier.
Orders will be processed every working day at the time published on the website, European Central Time. If an order is received by the Service Provider outside the above time interval, it shall be deemed to have been received by the Service Provider at the beginning of the first processing period following the date of receiptor, in the case of prepayment, at the beginning of the first processing period following the date of receipt of the amount payable into the Service Provider's bank account and shall be processed within 24 hours of that date.
After the processing of the order has started, the Service Provider will inform the User of the acceptance of the order by e-mail, if the order is accepted. The contract for the purchase of the product shall be concluded upon receipt by the User of an e-mail message from the Service Provider to this effect.
The Service Provider reminds the User to check the content of the confirmation of receipt of the order and the confirmation of acceptance of the order. If the content of either of these confirmations differs from the content of the order, and the User when placed the order does not object to the discrepancy within 24 hours of receipt of the confirmation, or if the User makes payment after receipt of the confirmation, the content of the confirmation shall prevail. Upon notification to the Service Provider of a confirmation with a different content,
the Service Provider shall examine the notification and, if justified, correct the order.
The cancellation of the registration at the User's request after the order has been placed.
shall not affect the fulfillment of orders previously validly placed by the User.
If the User requests the deletion of his/her data necessary for the fulfillment of the order or
objects to their use for such purposes, the Service Provider shall notify him/her of his/her intention to withdraw from the order.
Ex-post correction of the order
If the User wishes to change an order already placed, or has provided incorrect information, he/she must notify the customer service contact details as soon as possible. It is important that you do so without delay so that the Service Provider can correct the order before the execution of the order.
In the event of a correction of the order, the Service Provider will send a new confirmation of the order with the amended content, according to which the contract of purchase will be concluded in accordance with the amendment, or, in the case of a previously accepted incorrect order, the contract of purchase will be amended.
Payment terms
Possible payment methods:
Payment in advance by bank transfer:
In the process of sending the order, the User can choose this payment method. The details required to complete the transfer are included in the e-mail confirming receipt of the order.
This payment method can be used regardless of the delivery method chosen.
Prepay online by credit card:
Prepayment in the process of sending the order using the online payment service chosen by the User.
The online credit card payment service is provided by Barion Payment Zrt. When using the service, the User can pay by credit card.
When paying by credit card, the User provides the credit card details used for payment directly and exclusively to the above-mentioned service provider, as the payment process will be redirected to its website. The online payment service provider does not share the credit card details with the Service Provider.
Further terms and conditions of online payment are set out in the payment service provider's terms and conditions, which the User can find out before the payment on the payment service provider's interface, to which he/she will be redirected during the order process.
This payment method can be used regardless of the delivery method chosen.
Cash on delivery:
In the process of sending the order, payment by cash on delivery in the case of delivery method selected by the User The User may pay the courier service employee with cash or credit card at the time of delivery.
Further terms and conditions of the payment at the courier service are set out in the terms and conditions of GLS Hungary Kft, which can be found on the company's online platform (detailed below)
If the Service Provider is unable to fulfill the order already paid for due to a reason in its own interest, it shall refund the User the full amount paid by the User in connection with the order within 14 days of the occurrence of the obstacle.
Delivery deadline and delivery terms
Delivery and delivery deadline
The ordered product will be delivered by the Service Provider to the delivery address provided by the User during the ordering process within the time limit specified in the order acceptance confirmation.
The product ordered will be delivered to the carrier within 1 working day of the day of receipt of the order, who will then deliver it within the time limit indicated below.
If the Service Provider is unable to fulfill the order within the above deadline, it shall notify the User of the impediment to fulfillment immediately after it occurs.
Carrier company:
GLS Hungary Kft
Company registration number: 13-09-111755
Tax number: 12369410-2-44
Location: 2351 Alsónémedi GLS Európa u2.
The carrier will deliver the ordered product to the User within 2 working days of dispatch. Further information on delivery is contained in the "General Terms and Conditions" document available on the Carrier's website.
Fee for delivery
The gross amount of the delivery charge payable by the User will be known to the User during the order dispatch process.
Receiving the product
If the User fails to take delivery of the goods ordered by him/her at the time of delivery without any reason, including when the User is unavailable despite repeated attempts by the Carrier to deliver the goods, thus preventing delivery, or, in case of selecting a pick-up point or a parcel machine delivery method, fails to take delivery of the goods ordered at the selected pick-up point or parcel machine within the time allowed for delivery, the Service Provider shall be entitled to sell the ordered goods to a third party. In such a case, if the product is returned to the Service Provider and the User has paid the purchase price of the ordered product in advance, the purchase price shall be refunded by the Service Provider after deduction of the transaction costs. The delivery charge is not included in the purchase price and will not be refunded in such a case, which does not constitute an exercise of the right of withdrawal.
The User shall check the quantity, the integrity, and the existence of the necessary documents (invoice) of the ordered product(s) at the place and time of delivery, at the time of receipt, and shall report any damage, shortage or other discrepancies to the Carrier at that time. If the User notices any damage or discrepancies on the delivered goods at the time of delivery, the Carrier shall, at the User's request, hand over the goods in detail and record the damage or discrepancies on the spot. The Carrier shall be primarily liable for any damage to the Product during transport, but the Service Provider shall bear the risk in this respect towards the User until the time of delivery of the Product to the User. However, the User's failure to carry out an inspection at the time of acceptance shall not affect the User's warranty rights or its right of withdrawal without justification, which it may exercise in the same way.
Defective performance, warranty, guarantee, right of withdrawal/cancellation
Defective performance
The Service Provider shall be deemed to have performed defectively if the product or service does not meet the quality requirements laid down in the contract or by law at the time of performance.
The Service Provider shall not be deemed to have performed defectively if the User knew of the defect at the time of concluding the contract or should have known of the defect at the time of concluding the contract.
In the case of a purchase made by a User who is a consumer, the defect discovered by the User within six months of performance shall be presumed to have existed at the time of performance, unless this presumption is incompatible with the nature of the goods or the nature of the defect. In practice, this means that the burden of proof in the case of a defect discovered within six months shall be on the Service Provider.
Accessories warranty
In the event of defective performance by the Service Provider, the User may assert a claim for warranty against the Service Provider in accordance with the rules of the Civil Code.
The User may, at his/her option, make the following warranty claims: request repair or replacement, unless the fulfillment of the claim chosen by the User is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfillment of his/her other claim. If the repair or replacement was not or could not be requested, the User may request a proportionate reduction of the consideration or have the defect repaired or replaced by another party at the expense of the Service Provider or withdraw from the contract.
In the case of a contract between a User who is a consumer and the Service Provider for the purchase of goods which are movable, the supply of digital content or the provision of digital services, the User may not, in exercising his rights under the accessory warranty, repair the defect himself or have it repaired by another party at the expense of the Service Provider.
The User may transfer from one of his/her chosen rights to another, but the cost of such transfer shall be borne by the User, unless it was justified, or the Service Provider gave a reason for it.
A User, who is a Consumer, must notify the Service Provider of the defect immediately after its discovery, but not later than two months after the discovery of the defect (in the case of a contract between a Consumer and a business, a defect notified within two months of the discovery of the defect shall be deemed to have been notified without delay). However, the Service Provider draws the User's attention to the fact that he may no longer assert his rights to a warranty of convenience beyond the two-year limitation period from the date of performance of the contract. In the case of second-hand goods, this period is one year.
In the case of a purchase by a User who is a consumer, the right to claim for a supplementary warranty within six months of performance is subject to no conditions other than the notification of the defect, provided that the User proves that the product or service was provided by the Service Provider. However, after six months from the date of performance, the User shall be obliged to prove that the defect discovered by the User existed at the time of performance.
Product Warranty
In the event of a defect in a movable good (product), the User, as a consumer, may - at his/her option - exercise his/her right to claim the above-mentioned right to a subsidiary warranty or product warranty.
As a product warranty claim, the User may only request the repair or replacement of the defective product.
A product is defective if it does not meet the quality requirements in force at the time of its marketing or if it does not have the characteristics described by the manufacturer.
The User has two years from the date on which the product was placed on the market by the manufacturer to make a claim under the product warranty. After this period has elapsed, the User shall be obliged to notify the manufacturer of the defect without delay after the defect has been discovered. A defect notified within two months of its discovery shall be deemed to have been notified without delay. The User shall be liable for any damage resulting from the delay in notification.
The User may only exercise a product warranty claim against the manufacturer or distributor of the movable item. In the event of a product warranty claim, the User must prove that the product is defective.
The manufacturer or the Service Provider shall only be exempted from its product warranty obligation if it can prove that:
- the product was not manufactured or put into circulation in the course of his business, or
- the defect was not detectable according to the state of science and technology at the time of placing on the market, or
- the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority.
The manufacturer or the Supplier may prove only one ground for exemption.
The user may not make a claim under a warranty for accessories and a warranty for the product for the same defect at the same time and in parallel. However, in the event of a successful product warranty claim, the User may assert a claim against the manufacturer for the replacement product or the repaired part.
Compulsory guarantee
Pursuant to Act V of 2013 on the Civil Code, Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain durable consumer goods, and NGM Decree 19/2014 (IV. 29.) on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business (hereinafter: NGM Decree), the Service Provider is obliged to provide a warranty in the event of defective performance to the User who is a consumer in connection with the sale of certain products.
In the case of new consumer durables covered by Government Decree 151/2003 (22.IX.), the Service Provider is obliged to enclose the warranty card. The warranty period is one year from the date of receipt of the product by the User. If the purchased product is a new consumer durable subject to Government Decree 151/2003 (IX. 22.) and the purchased product fails during the one-year mandatory warranty period, the User may assert the same claims against the Service Provider as in the case of the warranty of accessories. Thus, they may request repair, replacement or a price reduction, or withdraw from the contract, in the order described above under the subheading "Accessories Warranty".
If a purchased product is covered by a warranty, the warranty rights and the rights under the warranty can be enforced in parallel.
The Service Provider shall be released from its warranty obligation only if it proves that the cause of the defect arose after performance.
In the absence of an express written commitment, the Service Provider does not guarantee that the goods are suitable for any specific purpose intended by the User. The Service Provider shall have the right to have any reported defects in the purchased product inspected by a qualified technician. If the defect is attributable to misuse, the cost of repair shall be borne by the User. The Service Provider's warranty obligation does not cover cases where the product has been dismantled, its casing has been opened or opened, its construction has been altered by unauthorized persons, or defects which:
- incorrect installation,
- from improper use,
- from incorrect installation,
failure to carry out the required maintenance,
were caused by damage.
In case the product ordered on the website is a new consumer durable within the scope of Government Decree 151/2003 (IX. 22.), the Service Provider will enclose a warranty card with the product. The list of durable consumer goods is set out in the Annex to Government Decree 151/2003 (IX. 22.). Products other than those listed above are not subject to the mandatory legal guaranteed obligation.
The User may not assert a warranty claim and a warranty claim or a product warranty claim and a warranty claim for the same defect at the same time, but otherwise the User shall have the rights arising from the warranty irrespective of the warranty and product warranty rights.
Right of withdrawal/cancellation
A User, who is a Consumer, has the right to withdraw from this contract within 14 days without giving any reason. Likewise, in the case of a contract for the provision of services, once the performance of the contract has begun, the User has the right to terminate the contract without giving any reason within 14 days.
The withdrawal period:
- a) in the case of a contract for the sale of goods expires 14 days after the date on which the goods are taken over by the User or a third party other than the carrier and indicated by the User;
- b) in the case of the supply of several products: expires 14 days after the date on which the User or a third party other than the carrier and indicated by the User takes delivery of the last product;
- c) in the case of the supply of a product consisting of several lots or pieces: the last lot or piece is taken over by the User or by a third party other than the carrier and indicated by the User;
- d) and, in the case of a), b) and c), the User may exercise his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the product. The User shall not have the right of withdrawal in respect of the services if the Service Provider has commenced performance with the express prior consent of the User and the User has declared at the same time with such consent that he/she acknowledges that he/she loses the right of withdrawal after the commencement of performance.
If the User wishes to exercise his/her right of withdrawal/cancellation, he/she must send a clear statement of his/her intention to withdraw/cancellation to one of the Service Provider's contact details. The withdrawal/cancellation may be made by any means, either orally or in writing. The User may also use the following model declaration to exercise the right of withdrawal:
Model withdrawal/cancellation notice:
(fill in and return only in case of withdrawal/cancellation of the contract)
Addressed to:
Postal address:
E-mail:
1, the undersigned ………………………………………………………….. declare that I exercise my right of withdrawal/cancellation in respect of the contract for the purchase of the following product(s) or the provision of the following service(s):
Date of conclusion of contract/date of receipt of product:
Name of the consumer:
Address of the consumer:
Signature of the consumer (only in case of a paper declaration)
Date:
---
The User shall exercise his/her right of withdrawal/cancellation within the time limit if he/she sends his/her written withdrawal/cancellation notice before the expiry of the time limit specified above or if he/she gives oral notice on the last day of the time limit. The burden of proving that the consumer has exercised his right of withdrawal/cancellation in accordance with this provision and within the time limits set out herein shall lie with the consumer.
In the case of products with hygienic packaging, the User may not exercise his right of
withdrawal without justification after the hygienic packaging has been removed. The opening of additional packaging outside the hygienic packaging shall not prevent the exercise of the right of withdrawal. In the case of products outside the hygienic packaging, the exercise of the right of withdrawal shall not be precluded using the opened packaging and the use necessary to establish the nature, characteristics and functioning of the product.
Arranging the return of the product and the cost of returning the product is the responsibility of the User. The return of the product can also be done in person, after prior appointment with the Customer Service.
After the acceptance of the withdrawal/cancellation and the return of the goods, the settlement will be made within a maximum of 14 days from the acceptance of the withdrawal/cancellation. In the case of a cancellation concerning a product, the Service Provider shall refund the purchase price of the product concerned by the cancellation and the cost of delivery, and in the case of a cancellation concerning a service, the purchase price of the service concerned by the cancellation.
The User may not exercise its right of withdrawal:
In the case of a contract for the provision of a service, after the service has been wholly performed, if the undertaking has begun performance with the consumer's express prior consent and the consumer has acknowledged that he will lose his right of withdrawal after the service has been wholly performed;
for a product or service whose price or charge is subject to possible fluctuations in the financial market which are beyond the control of the undertaking, even during the withdrawal period;
in the case of a product which is not prefabricated, which has been manufactured on the instructions or at the express request of the User or which is clearly personalized for the User;
perishable or short-lived products;
for sealed products that cannot be returned after opening after delivery for health or hygiene reasons;
in respect of a product which, by its nature, is inseparably mixed with other products after the transfer; an alcoholic beverage the real value of which is dependent on market fluctuations beyond
the control of the undertaking and the price of which was agreed between the parties at the
time of the conclusion of the sales contract, but the contract is not performed until 30 days
after the conclusion of the contract;
in the case of a contract for a business where the business visits the consumer at the
consumer's express request to carry out urgent repair or maintenance work, except in the case of services or products offered in addition to those expressly requested by the consumer and in addition to the replacement parts used to carry out the maintenance or repair,
the sale of a copy of a sound or video recording or computer software in sealed packaging, if the consumer has opened the packaging after delivery; newspapers, periodicals and periodicals, with the exception of subscription contracts;
for contracts concluded by public auction;
for contracts for the provision of accommodation, transport, car rental, catering or leisure activities, with the exception of housing services, where a deadline or period for performance has been specified in the contract;
in respect of digital content provided on a non-tangible medium, where the undertaking has begun performance with the consumer's express prior consent and the consumer has, at the same time as giving that consent, acknowledged that he or she will lose the right of withdrawal once performance has begun.
Legal effects of withdrawal/cancellation
If the User withdraws from the contract, the Service Provider shall reimburse the User immediately, but no later than 14 days after receipt of the User's withdrawal/cancellation notice, for all consideration paid by the User, including the cost of transporting the product to the User in case of a product warranty (excluding any additional costs incurred due to the User's choice of a mode of transport other than the cheapest usual mode of transport offered by the Service Provider.) In making the refund, the Service Provider shall use the same payment method as the one used for the original transaction, unless the User expressly agrees to use a different payment method and the User does not incur any additional costs because of using this refund method. In the case of a contract for the sale of a product, the Service Provider may withhold the refund until the product has been returned or the User has provided proof that it has been returned, whichever is the earlier.
The User shall return or hand over the product to the Service Provider without undue delay, but no later than 14 days after receipt of the User's cancellation/termination notice. The deadline shall be deemed to have been met if the product is sent before the expiry of the 14- day deadline. The direct cost of returning the product shall be borne by the User.
The user may be held liable for depreciation of the product only if it is due to use beyond the use necessary to establish the nature, characteristics and functioning of the product. This provision is only applicable to products other than those in hygienic packaging. If the User has requested that the performance of the service should begin within the withdrawal/cancellation period, in case of termination, the User shall reimburse the Service Provider for the amount due for the service performed pro rata up to the date of termination of the contract. Likewise, the Service Provider shall reimburse the User for the part of the consideration provided by the User that exceeds the value of the service provided by the Service Provider.
Exclusion of liability
The Service Provider is under no legal obligation to conclude a contract. It is free to decide whether to accept or reject the User's order. The Service Provider shall not be liable for any damages resulting therefrom.
The Service Provider does not warrant that the product or service is fit for any purpose intended by the User. The specifications and instructions for the product or service shall govern its use, but the Service Provider shall not be liable for any variations resulting from the specific circumstances of use.
The Service Provider shall not be liable for any direct or indirect damage resulting from the malicious use of the website or from the unavailability of the Internet Service Provider. The Service Provider cannot be held liable for technical malfunctions, such as electrical or computer network failures. Given that the Internet is an open network which cannot be considered secure, the Service Provider shall not be liable for any damage caused by the destruction, delayed arrival or other failure of messages or orders transmitted electronically for reasons beyond its control.
The Service Provider may terminate the possibility to use the Website at any time, without giving any reason, for individual Users or for all Users upon termination of the operation of the Website. In this case, it shall fulfill orders already validly placed and other requests of the User but shall not be liable for any other possible consequences.
The images of products and services displayed on the website may differ from the real ones, in some cases they are used as illustrations. The Service Provider is not responsible for any discrepancies due to causes beyond its control, such as unannounced changes in product descriptions necessitated by the manufacturer or supplier.
The Service Provider shall not be liable for any delays or other problems, errors or damages resulting from order data provided by the User incorrectly and/or inaccurately.
The content downloaded by following external links on the website is not under the control of the Service Provider. The link will be deleted or modified by the Service Provider if the rightful owner so requests. The Service Provider shall not be liable in any way whatsoever for any content displayed or downloaded using such a link.
Other provisions
The Service Provider also reserves the right to enforce and change the legal protection of the content and the rules governing the use of the website with respect to Users browsing the website without placing an order. The rules and statements in this regard are available to the User in the legal notice published on the Site on an ongoing basis, in these GTC and in other informative documents.
The Contracting Parties declare that in exercising their rights and performing their obligations under these terms and conditions, they shall act in good faith and fairness and in cooperation.
Data management, data protection Information on data management by the Service Provider is provided in the documents entitled "Information on data management" and "Information on the use of cookies".
Modification of contract terms
The Service Provider reserves the right to unilaterally modify the terms and conditions at any time without prior notice and without separate notification.
Contracts resulting from individual orders are always subject to the contractual terms and conditions attached to the final confirmation of the order in question, which creates the contract.
Applicable law
For matters not covered by these Terms and Conditions, the provisions of the legislation specified in clause 3.1.1 shall prevail.
Complaints, Enforcement, Supervision of Service Provider
Complaint
The User may contact the Service Provider by letter, telephone or e-mail, using the contact details indicated on the website and at the beginning of the GTC, with a complaint regarding the service, conduct, activity or omission of a member, employee or person acting in the Interest of or on behalf of the Service Provider directly related to the distribution or sale of goods to consumers, or regarding the quality of the goods. The Service Provider will investigate the verbal complaint immediately and, if necessary, remedy it immediately. If this is not possible, or in case of disagreement by the User, and in case of a written complaint, the Service Provider shall reply in writing within thirty days at the latest.
Possibility to appeal to a conciliation body the user (consumer) may also request the free of charge procedure of an arbitration body in relation to the quality and safety of the product, the application of product liability rules, the quality of the service, and the conclusion and performance of the contract between the parties.
If the Consumer has his/her place of residence or stay in Hungary, the conciliation body of the county (capital) of the place of residence or stay is competent the contact details of the conciliation bodies can be found at https://www.bekeltetes.hu/index.php?id=testuletek .
The consumer may designate a different conciliation body in his request.
In Hungary, the Budapest Arbitration Board, which operates alongside the Budapest Chamber of Commerce and Industry, is entitled to act in cross-border disputes between consumers and traders related to online sales or service contracts The contact details of the Budapest Conciliation Board, which is attached to the Budapest Chamber of Commerce and Industry, can be found at https://www.bekeltetes.hu/index.php?id=testuletek&pid=1&mid=1 and here:
Budapest Chamber of Commerce and Industry
the Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt 99. 3rd floor 310.
Phone: +36 1 488 2131
E-mail: bekelteto.testulet@bkik.hu
Website: https://bekeltet.bkik.hu/
The service provider has a duty to cooperate in the conciliation procedure.
The conciliation body is an independent body attached to the county (capital) chambers of
commerce and industry. It is responsible for the out-of-court settlement of consumer disputes on the above-mentioned subjects, by attempting to reach an agreement and, if this is unsuccessful, by deciding on the case in order to ensure the simple, quick, efficient and inexpensive enforcement of consumer rights.
The conciliation body advises consumers or businesses on their rights and obligations at the request.
Enforcing your rights through the courts
The contracting parties shall mutually cooperate in order to settle any disputes out of court, through negotiation, in the shortest possible time and at the lowest possible cost If this is not successful, the User may bring an action in the district court of his/her place of residence or domicile.
If you live in the European Union, you can use the following online dispute resolution tool of the European Commission to resolve your complaint about a product or service purchased online.
The European Commission's online dispute resolution platform
Website:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&ing=HU
This internet-based platform was set up by the EU for consumers who want to complain about products or services they have bought online and ask a neutral third party (dispute resolution body) to handle the complaint.
For more information about the online dispute resolution platform and how to use it, please visit the website using the link above.
The User may address a cross-border complaint about the quality of the goods, the conduct, activity, or omission of the Service Provider (member, employee) or a person acting in his/her interest or for his/her benefit, the quality of the service, the application of liability rules to the European Consumer Centre.
Ministry of Innovation and Technology - European Consumer Centre
Postal address: 1440 Budapest Pf. 1.
Phone: +36 1 896 7747
Fax: +36 1 210 2538
E-mail: info@magyarefk.hu
Website: https://www.magyarefk.hu/hu/elerhetosegek.html
Szekszárd, 2022.08.01
iMachine Consulting and Services Limited Liability Company